Directive No. 857/TTg on directing the organization to implement the division and adjustment of administrative boundaries for some provinces.

DIRECTIVE

Regarding the directive to organize implementation

of dividing and adjusting administrative boundaries for some provinces

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On November 15, 1996, during the tenth session of the ninth National Assembly, a Resolution was issued regarding the division and adjustment of administrative boundaries for some provinces. To implement the National Assembly's Resolution and ensure that the division of provinces proceeds quickly, timely, and thoroughly to meet both immediate and long-term requirements, the Prime Minister issues this Directive to the Ministers, Heads of Ministries equivalent to Ministries, agencies under the Government, and Chairpersons of People's Committees of related provinces to carry out the following tasks:

1. Grasping the purpose and requirements: Dividing provinces aims to create conditions for provinces to develop in all aspects, implement the policy of industrialization and modernization of the country, reform state administration, enhance the effectiveness and efficiency of provincial-level management, ensure political security and social order and safety, mobilize cadres and people to unite and enthusiastically implement the Resolution of the Eighth Party Congress. Therefore, the implementation of province division must meet the following requirements:

The work of dividing provinces involves many tasks and stages that must be carried out well within a short time. Province division should be considered the central task at present to promote regular and urgent tasks of localities. All efforts must be concentrated to quickly stabilize and arrange cadres to operate according to the new province in accordance with the Party's guidelines and state laws.

Ensuring unity among cadres and people in the old province and newly divided provinces, sharing difficulties together in the initial stage, all actions related to province division must ensure democracy, transparency, and fairness...

Plans and schemes for dividing assets, budgets, arranging organizational structures and personnel, building working bases in new provincial capitals, clearly delineating administrative boundaries between provinces when dividing must be established. These plans must be approved before implementation to unify will and action from the Party Committee to departments and levels within the province.

Saving in expenditures and using local and central resources effectively in constructing material infrastructure and working conditions.

2. Ministers, Heads of Ministries equivalent to Ministries, agencies under the Government, and Chairpersons of People's Committees of related provinces must lead and direct the completion of tasks within their sectors and localities serving the division of provinces as follows:

a. In terms of ideological work: Must lead and direct the implementation in the spirit of the Central Committee's directive, the National Assembly's Resolution, and the Prime Minister's Directive to ensure that cadres and people understand and act correctly according to the requirements set forth in the division of provinces; avoid deviations during the implementation process.

b. In terms of organizational structure: Must grasp the requirements of administrative reform, newly divided provinces must implement the spirit of "lightweight and effective organizational structure," not necessarily having all offices, bureaus, and departments that the old province had. Must base on functions, tasks, and management objects to build an appropriate organizational structure.

Clearly distinguish between state management organizations assisting provincial-level authorities in sectors and fields, organizations of public services and scientific research, and advisory organizations that must exist in each province. For organizations requiring complete facilities, material infrastructure, and staff structure to function, careful consideration must be given during division, possibly leaving them in the existing province and assigning these organizations to serve both provinces during the initial period.

Specifically for production and business organizations, they should not be divided; the province where the operating production and business facility is located should continue to guide it to operate effectively.

For elected bodies, follow the procedures and steps stipulated by the Law on Organization and the Election Law.

c. In terms of cadre work: The division and arrangement of cadres and civil servants must be based on the needs of existing offices, bureaus, and departments in the old province, ensuring that each province has sufficient quantity and quality of cadres according to demand, avoiding situations where one province has excess cadres while another lacks them. Special attention must be paid to leaders of offices, bureaus, and departments in the province and sufficient leaders must be arranged for provinces facing difficulties to meet work requirements.

When allocating cadres, the tendency towards parochialism and localism must be opposed, ensuring there are enough cadres to meet the work requirements of both provinces. If possible, reasonable allocation should be made but cadres should not be assigned arbitrarily based on local connections.

Regarding staffing, it must be based on the current staffing of the old province to allocate to the new provinces, minimizing additional staffing; no transfer of cadres from the business and service sectors to the state administrative sector.

Cadre and civil servant discipline awareness must be emphasized so that everyone complies with the Party and State's reassignment decisions.

Based on the leadership of the Provincial Party Committee and guidance from the Minister, Head of the Personnel and Cadre Department of the Government, the Chairpersons of People's Committees of divided provinces must directly and strictly direct the construction of organizational structures and personnel arrangements during the division of provinces.

d. In terms of asset division: Asset division must ensure:

All divided assets must be used and managed well, contributing to the economic and social development of divided provinces.

Asset and budget division plans must be discussed collectively, democratically, and transparently.

Avoiding mechanical demands for fairness and reasonableness solely for short-term and local interests leading to inefficient use and waste of assets.

Promoting the spirit of yielding and mutual assistance, helping provinces with more difficulties, creating opportunities for all provinces to develop.

Assets in the old province are state assets in the locality, therefore, asset division must comply with state policies, preventing any abuse during division leading to asset loss, distribution to individuals, and negative impacts on people's unity and enthusiasm.

The Minister of Finance is responsible for directing and guiding in detail the division of assets and budget for the provinces to ensure that all activities of the new province stabilize and develop promptly.

d. On the plan and budget for 1997:

Provinces being divided need to urgently build the development plan and budget for the new province and work consistently with the Ministry of Planning and Investment and the Ministry of Finance before submitting to the Prime Minister for approval in December 1996.

e. Regarding the establishment of workplaces for new provinces:

To implement administrative reform step-by-step, it is necessary to organize workplaces reasonably to facilitate daily operations between agencies and convenient transactions for citizens. The workplace of the Provincial People's Committee includes all specialized departments under the Provincial People's Committee. The workplace of the Provincial Party Committee includes all Party departments and political social organizations.

Based on the actual situation in each provincial capital, existing facilities should be utilized and renovated to provide minimum conditions for agencies to start working immediately.

When there is not enough workspace, the transfer of agencies to the new province can be done gradually according to the preparation progress at the new provincial capital.

The province with the old provincial capital must concentrate funds to build workplaces for the new province, mobilize local budget resources, and seek assistance from central ministries to quickly stabilize workplaces.

The Prime Minister requests the Minister of Construction to study, survey, and plan the city of the new provincial capital for these newly divided provinces.

Provinces being divided need to establish a working group to prepare workplaces and the relocation to the new provincial capital.

g. On the administrative boundaries of new provinces:

In accordance with the spirit of the National Assembly Resolution, the provinces being divided will retain their administrative boundary lines at the time of merger, which are the boundary lines of communes and districts established when forming the administrative boundary files and maps according to Directive 364/CT.

The Director of the Land Administration Bureau is responsible for coordinating with the Government Organization-Cadre Department to guide the preparation of descriptions of administrative boundary lines, determine the positions of markers, and compile the administrative boundary files and maps for the new province.

The Ministers and Heads of Ministries equivalent to Ministries and government agencies need to assign a leader and some specialists to monitor and assist the divided provinces in organizational construction and business guidance so that the sectors in the province can quickly stabilize and operate according to the new province.

Dividing provinces is a major task for localities. It is necessary to closely direct each stage and each matter in accordance with legal procedures and the guidance of central ministries and sectors. The Chairman of the Provincial People's Committee is responsible to the Government for implementing the division tasks and based on the content of this Directive, lead to complete all aspects of work without causing deviations or negative effects, ensuring compliance with the prescribed timeline. If new issues arise during implementation, they must be reported promptly to the Prime Minister and relevant ministries and sectors for consideration and decision.